HLS 10RS-1182 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 462
BY REPRESENTATIVE MILLS
DRUGS/CONTROLLED: Provides relative to standards for inpatient hospitalization at
Feliciana Forensic Facility when a person is charged with certain felonies and
misdemeanors
AN ACT1
To amend and reenact Code of Criminal Procedure Article 648(A)(2)(a), relative to2
procedures after a determination of mental capacity or incapacity; to provide for3
standards for inpatient hospitalization at Feliciana Forensic Facility when a person4
is charged with a felony, except certain controlled dangerous substance violations;5
to provide for further jail-based restoration or outpatient restoration when the person6
is charged with a crime under the controlled dangerous substances law or a7
misdemeanor against the person; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. C.Cr.P. Art. 648(A)(2)(a) is hereby amended and reenacted to read as10
follows: 11
Art. 648. Procedure after determination of mental capacity or incapacity12
A. The criminal prosecution shall be resumed unless the court determines by13
a preponderance of the evidence that the defendant does not have the mental capacity14
to proceed. If the court determines that the defendant lacks mental capacity to15
proceed, the proceedings shall be suspended and one of the following dispositions16
made:17
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HB NO. 462
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(2)(a) If the person is charged with a felony or a misdemeanor classified as1
an offense against the person and considered by the court to be likely to commit2
crimes of violence, and if the court determines that his mental capacity is likely to3
be restored within ninety days as a result of treatment, the court may order4
immediate jail-based treatment by the Department of Health and Hospitals not to5
exceed ninety days; otherwise,if. If a person is charged with a felony, excluding any6
crime included in R.S. 40:961 et seq., the controlled dangerous substances law and7
his capacity cannot be restored within ninety days and inpatient treatment is8
recommended, the court shall commit the defendant to the Feliciana Forensic9
Facility. Persons charged with crimes under the controlled dangerous substances10
law, R.S. 40:961 et seq., and misdemeanors classified as an offense against the11
person and whose competency cannot be restored within ninety days, shall either12
undergo further jail-based restoration or be released for outpatient competency13
restoration or other appropriate treatment.14
* * *15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Mills HB No. 462
Abstract: Establishes standards for inpatient hospitalization at Feliciana Forensic Facility
when a person is charged with certain felonies and misdemeanors.
Present law authorizes the court to order immediate jailed-based treatment by the Dept. of
Health and Hospitals not to exceed 90 days if a person is charged with a felony or
misdemeanor that is classified as an offense against the person and he is considered by the
court to be likely to commit crimes of violence and the court determines that his mental
capacity is likely to be restored within 90 days as a result of treatment. If the person's HLS 10RS-1182 ORIGINAL
HB NO. 462
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
capacity cannot be restored within 90 days and inpatient treatment is recommended, the
court shall commit the defendant to the Feliciana Forensic Facility.
Proposed law changes present law by specifying that if a person is charged with a felony not
included in R.S. 40:961 et seq., the controlled dangerous substance law and his capacity
cannot be restored within 90 days and inpatient treatment is recommended, the court shall
commit the defendant to the Feliciana Forensic Facility. Proposed law limits the court's
authority to commit certain defendants to the Feliciana Forensic Facility to felonious
offenses, except those included in the controlled dangerous substance law.
Proposed law provides that persons charged with crimes under the controlled dangerous
substances law, R.S. 40:961 et seq., and misdemeanors classified as an offense against the
person, and whose competency cannot be restored within 90 days, must undergo further jail-
based restoration or be released for outpatient competency restoration or other appropriate
treatment.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 648(A)(2)(a))